Liverpool City Council v Wojciechowski & anor [2016] NSWIRComm 13

Industrial Relations Commission New South Wales Medium Neutral Citation: Liverpool City Council v Wojciechowski & anor [2016] NSWIRComm 13 Hearing dates: 26 August 2016 Date of orders: 26 August 2016 Decision date: 24 November 2016 Jurisdiction: Industrial Relations Commission Before: Walton J, President; Tabbaa C; Newall C Decision: 1. Leave to appeal is granted in relation to Ground 2 of the appeal. Leave to appeal is refused in relation to Grounds 1 and 3 of the appeal. 2. The appeal is dismissed. 3. The stay on terms granted in relation to the Commissioner's orders is dissolved. Catchwords: LEAVE TO APPEAL – tests on leave – leave not to be granted to re-argue facts – leave granted on one ground of appeal only – weight to be given to first instance decision making – necessary for first instance decision maker to rule on fundamental issue – failure to address in terms a fundamental question – leave granted to allow Full Bench address that matter APPEAL – Commissioner's findings of fact stand – based on Commissioner's findings of fact the orders made were ultimately correct – appeal dismissed Legislation Cited: Industrial Relations Act 1996 (NSW) s 84, s 89, s 189 Cases Cited: Antonakopoulos v State Bank of NSW (1999) 91 IR 385 Beale v Government Insurance Office of NSW (1997) 48 NSWLR 430 Brailsford, Arce and Wojciechowski v Liverpool City Council [201] NSWIRComm 1022 Byrne v Australian Airlines Ltd (1995) 185 CLR 410 DP World Sydney Ltd v Lambley (2012) 222 IR 277 Hosemans v Commissioner of Police (No 4) (2005) 150 IR 263 House v R (1936) 55 CLR 499 King v State Bank of New South Wales (No 2) (2002) 126 IR 407 Mifsud v Campbell (1991) 21 NSWLR 725 Perkins v Grace Worldwide (Aust) Pty Ltd (1997) 72 IR 186 Category: Principal judgment Parties: Liverpool City Council (Appellant) Harry Wojciechowski (Respondent 2016/189673) David Brailsford (Respondent 2016/189684) Representation: Counsel: D Mahendra (Appellant) A Duc (Respondent 2016/189673 and 2016/189684)